Robinson v. Chase Home Finance et al

Filing 11

REPORT AND RECOMMENDATIONS of the Magistrate Judge state that defendants' motions to dismiss are well supported, unopposed, and should be granted re 5 MOTION to Dismiss Plaintiff's Complaint filed by Mortgage Electronic Registration Systems, Inc., Chase Manhattan Mortgage Corporation, Chase Home Finance Objections to R&R due by 4/5/2012. Signed by Magistrate Judge G. R. Smith on 3/22/2012. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
TONIA L. ROBINSON,
Plaintiff,
V.

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)
)
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Case No. CV612-005

CHASE HOME FINANCE,
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.;
CHASE MANHATTAN MORTGAGE
CORPORATION; and BARRETT
DAFFIN FRAPPIER LEVINE
& BLOCK, LLP,
Defendants.

REPORT AND RECOMMENDATION
Proceeding pro se, Tonia L. Robinson filed what is, at bottom, a
mortgage foreclosure jam-up case. Doc. 1-2 at 3-78. Defendant
Barrett Daffin Frappier Levine & Block, LLP (hereafter, BD) moves,
unopposed per Local Rule 7.5 (no response means no opposition), to
dismiss it per Fed. R. Civ. P. 12(b)(6). Doc. 8. So do the remaining
defendants. Doc. 5. As BD explains, Robinson defaulted on her
home's mortgage and suffered foreclosure proceedings, then evidently
downloaded off the internet a lengthy tirade-ridden, shotgun-pleading

complaint that, boiled down, states no claim and is advanced simply to
try to forestall a lawful foreclosure.' Doc. 8-1 at 1-17. On top of that,
plaintiff never did properly serve BD. Id. at 17-18. BD therefore
seeks dismissal with prejudice. So do the remaining defendants in a
similarly unopposed, well-supported dismissal motion showing that
plaintiff has launched a shotgun complaint and fails to state the
various lender liability claims set forth in her complaint. Doc. 5-1.
The defendants' motions to dismiss (docs. 5 & 8) are well
supported, unopposed, and should be GRANTED.
SO REPORTED AND RECOMMENDED this ,Zday of
March, 2012.

MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

As an example, the Court has reviewed the complaint and agrees with BD's
conclusion that it should be dismissed on deficient pleading grounds alone:
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A cursory review of Plaintiff's Complaint reveals this tell-tale lack of clarity.
Plaintiffs Complaint includes 184 numbered paragraphs of allegations but
dedicates the vast majority of those paragraphs to blaming various financial
institutions for the current state of the housing market in the United States.
(Compl. ¶IT 16-18.) Plaintiff even blames those institutions for funding global
terrorism. (Id. ¶ 33.) None of these allegations appear linked to any claim for
relief, however, and clearly fail to give Defendants fair notice of her claims and
the grounds upon which they rest.
Doc. 8-1 at 8.
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